▲ 1 r/AskLawyers
How do I go about pursuing action after vehicle was booted on private residential property?
Location: Arkansas
I recently had my car immobilized with a boot by a third-party company while parked at my apartment complex. The company claimed I was "double parking." I was less than a foot over the line because the parking lines are severely faded (completely invisible 10 feet away), and I parked at night using adjacent vehicles as a guide.
The leasing office refuses to get involved and told me to settle it with the booting company. However, I believe this immobilization was unlawful for two primary reasons:
- Breach of Lease: My lease explicitly specifies towing as the penalty for improper parking on the property. It contains absolutely no provision or language permitting vehicle immobilization or booting.
- Lack of Notice: There is zero signage anywhere on the property warning residents or guests that booting is utilized or that a third-party company has the authority to immobilize vehicles.
I have already paid the fee to get the boot removed so I could get to work.
My Questions:
- Can a landlord legally enforce a parking penalty (booting) via a third party if that specific penalty is completely absent from the signed lease agreement?
- Does Arkansas state law or common consumer protection law require explicit signage before a vehicle can be booted on private residential property?
- Since I already paid under duress to free my car, what is the best mechanism to demand a refund—small claims court against the landlord, the booting company, or a formal complaint to a state board?
u/ohnocleo — 2 days ago